Document Content

CIRCULAR No.10/1999/TT-BTP OF APRIL 10, 1999 GUIDING THE IMPLEMENTATION OF THE DECREE ON THE MANAGEMENT OF LEGAL COOPERATION WITH FOREIGN COUNTRIES

Pursuant to the Government’s Decree No.38/CP of June 4, 1993 stipulating the functions, tasks, powers and organizational structure of the Ministry of Justice;

Pursuant to the Government’s Decree No.103/1998/ND-CP of December 26, 1998 on the management of legal cooperation with foreign countries (hereafter referred to as the Decree);

The Ministry of Justice hereby guides the implementation of a number of articles of the Decree as follows:

1. The Decree’s scope of application

1.1. According to the provisions of Article 1 of the Decree, the agencies and organizations allowed to undertake legal cooperation with foreign countries are the ministries, the ministerial-level agencies, the agencies attached to the Government and the central bodies of socio-political organizations, social organizations and other agencies (hereafter referred collectively to as Vietnamese agencies and organizations). The units attached to the above-said Vietnamese agencies and organizations that wish to undertake legal cooperation with foreign countries shall have to fill in the procedures for evaluation and permit application through their managing Vietnamese agencies and organizations.

1.2. Cooperation activities undertaken by Vietnamese agencies and organizations with foreign agencies and organizations which fall within the Decree’s regulation scope means all activities of legal cooperation with foreign countries specified in Article 3 of the Decree, including:

a) Studying and gathering information and experience necessary for the compilation and amendment of legal documents;

b) Studying and gathering information and experience necessary for improving the judicial agencies and judicial assistance agencies and raising the effectiveness of their operation;

c) Providing professional training and fostering for officials and public employees engaged in the compilation of legal documents, judges, court clerks, procurators, investigators, executors, penal judgment enforcers, arbitrators, notaries public, lawyers and other judicial titles;

d) Teaching law at university and post-graduate classes;

e) Organizing conferences, seminars and symposiums on legal matters not associated with cooperation activities mentioned in Points a, b, c and d above;

f) Regularly exchanging law documents including teaching materials, text books, lectures, legal documents and specialized reference books on law.

2. Evaluation by the Ministry of Justice

2.1. The Vietnamese agencies and organizations shall, after formulating their cooperation programs, plans and/or projects, have to send official dispatches to the Ministry of Justice requesting the evaluation thereof.

Enclosed with an official dispatch requesting evaluation shall be the following documents:

a) The draft program, plan or project for legal cooperation with foreign countries. For a cooperation program, plan or project in another domain, which include a part on legal cooperation with foreign countries, the summary of such program, plan or project and the part on legal cooperation with foreign countries must be sent;

b) The written explanation on the program, plan or project for legal cooperation with foreign countries or the part on legal cooperation with foreign countries, in which the following principal points should be clearly stated:

- The necessity, requirements, objectives and principal content of the cooperation activities;

- Necessary information on the foreign agencies’ or organizations’ legal status, professional capability, cooperation experience, attitude toward the Vietnamese State;

- Expected socio-economic efficiency of the performance of cooperation activities;

- Rights and obligations of the Vietnamese agencies or organizations, and the foreign agencies or organizations;

- Planned cooperation duration, execution schedule, results, products and fund;

- Forecast of possible disadvantages in the course of performing cooperation activities.

c) Documents evidencing the commitment of the foreign agencies or organizations;

d) Written comments of the concerned ministries and branches on the cooperation contents;

All documents in foreign language(s) must be translated into Vietnamese.

The written request for evaluation and the above-said documents must be made in 3 dossier sets.

2.2. Within 15 days after receiving the complete dossiers, the Ministry of Justice shall conduct the evaluation and send its written evaluation to the Vietnamese agencies or organizations that have requested the evaluation.

In case of necessity, the Ministry of Justice may ask the Vietnamese agencies or organizations that have requested the evaluation to provide more information or clarify matters related to the content of the cooperation programs, plans and/or projects.

In cases where it does not receive dossiers fully as prescribed in this Circular, the Ministry of Justice shall notify the concerned Vietnamese agencies or organizations thereof so that the latter supplement the dossiers. The time for supplementing the dossiers shall not be calculated into 15-day time limit for the Ministry of Justice’s evaluation.

2.3. Vietnamese agencies or organizations that wish to undertake legal cooperation with foreign countries but have not found their partners may send official dispatches to the Ministry of Justice requesting the latter to assist in looking for partners. Enclosed with each requesting official dispatch must be the draft cooperation, plan or program, in which the following points should be stated:

- The necessity, requirements and objectives;

- The content of cooperation matters;

- The form of cooperation activities (according to provisions of Article 3 of the Decree);

- The cooperation capability of the Vietnamese party;

- The foreign partner(s) wishing to enter into the cooperation;

- The planned cooperation duration.

3. Amending supplementing or readjusting cooperation programs, plans and/or projects

3.1. When they need to amend, supplement or readjust the objectives and/or contents of legal cooperation activities specified in the cooperation programs, plans and/or projects, which have been approved by the Vietnamese competent agency(ies), the concerned Vietnamese agencies or organizations shall send dossiers to the Ministry of Justice for evaluation. The order and procedures for evaluating such dossiers shall comply with the general regulations applicable to new programs, plans and/or projects as prescribed in the Decree and this Circular.

When there appears an urgent need to study and gather information and experience of foreign countries or international organizations in support of the compilation of legal documents or raising of effectiveness of professional operation of judicial agencies and judicial assistance agencies, the concerned Vietnamese agencies and organizations shall have to send explaining dossiers to the Ministry of Justice.

3.2. When there appears the need to amend, supplement or readjust cooperation programs, plans and/or projects already permitted to be executed, which, however, shall not alter the objectives and/or contents of such cooperation programs, plans and/or projects, the concerned Vietnamese agencies or organizations shall have to send dossiers to the Ministry of Justice clearly explaining the reasons for such amendments, supplements and/or readjustments. Within 15 days after receiving the complete and valid dossiers, the Ministry of Justice shall send its written comments on such amendments, supplements and/or readjustments to the requesting Vietnamese agencies and organizations.

4. Reporting and inspecting regime

4.1. Before May 15 and November 15 each year, the concerned Vietnamese agencies or organizations shall have to send to the Prime Minister and the Ministry of Justice their biannual and annual reports on the performance of activities for legal cooperation with foreign countries and the planned execution of cooperation programs, plans and/or projects in the coming period.

Within 3 months after the conclusion of cooperation programs, plans and/or projects, the concerned Vietnamese agencies or organizations shall have to send to the Prime Minister and the Ministry of Justice reports on the execution results of such cooperation programs, plans and/or projects.

The assessment and pre-acceptance inspection of the results of programs, plans and/or projects for legal cooperation with foreign countries shall comply with the State’s general regulations thereon. The concerned Vietnamese agencies or organizations shall have to send to the Ministry of Justice a complete dossier on the execution results of each cooperation program, plan or project.

4.2. The inspection by the Ministry of Justice shall be conducted on the basis of biannual and annual reports of the concerned Vietnamese agencies or organizations.

Within no less than 10 days before the date of inspection, the Ministry of Justice shall notify the concerned Vietnamese agencies or organizations of the inspection time and requirements. Within 30 days after the end of inspection, the Ministry of Justice shall notify in writing the concerned Vietnamese agencies or organizations of the inspection results.

5. Implementation provisions

5.1. Vietnamese agencies or organizations, which are currently undertaking activities for legal cooperation with foreign countries under the programs, plans and/or projects permitted by the competent Vietnamese agency(ies) before the effective date of the Decree, shall not have to fill in the procedures for evaluation under this Circular’s guidance, but shall have to send reports on their recent legal cooperation activities to the Ministry of Justice before June 15, 1999 for synthesis and monitoring.

5.2. This Circular takes effect 15 days after its signing.

Any problems arising in the course of implementation shall be promptly reported by the concerned Vietnamese agencies or organizations to the Ministry of Justice for further supplement to and improvement of this guiding Circular.

Minister of Justice

NGUYEN DINH LOC